Judgment

N. P. SINGH, - The three appellants, Brij Mohan, Gulla and Barchia, were convicted under Ss. 396, 397, 450 and 397/149 of the Penal Code by the learned Additional Sessions Judge, who passed sentence of death u/S. 396 against each of the appellants and various terms of imprisonment under the remaining sections. The High Court confirmed the conviction and the sentence against each of the three appellants, including the death sentence. On basis of leave granted by this Court, the appellants have questioned, the legality of their conviction and sentence.

2. The prosecution case is that Chiranji Lal (P.W.7) and the inmates of his family were sleeping in their house in the night between 11th and 12th October, 1983 in village Baswa. At about 1-00 a.m., Chiranji Lal heard the ladies of his family weeping and crying. He came in his courtyard and saw two or three persons giving blows to Smt. Gora (PW-6) and Smt. Gulab (deceased). The culprits also gave blows to Chiranji Lal (PW7). In the meantime his brothers wife Smt. Saroj (PW-8) came to help them and she was also given blows. Some of the culprits were standing outside the house. One of them fired a gun shot. Hearing the gun shot, M